All town contracts in excess of $10,000 shall be awarded by sealed bidding pursuant to the procedures as set forth elsewhere in this subchapter with the following exceptions.
(A) Invitation. The invitation shall include, but not be limited to, all contractual terms and conditions applicable to the procurement.
(B) Bid acceptance.
(1) Bids shall be accepted unconditionally without alteration or correction except as otherwise authorized in this subchapter. The invitation for bids shall set forth all requirements of the bid including the following as determined necessary.
(2) Where required by the invitation, all responsive bidders shall include subcontractor information as specified.
(a) Any bidder in response to an invitation for bids shall set forth in his or her bid or offer the names and the locations of the place of business for each subcontractor who will or is expected to perform work or render service to the prime contractor to or about construction, and who will specifically fabricate and install a portion of the work which is expected to exceed 3% of the prime contractor’s total base bid, or any subcontractor whose construction elements are deemed vital by the town for the project and so listed and specified by the town within the invitation and the bidding documents.
(b) Failure to list subcontractors when required and specified by the invitation in accordance with this section may render the prime contractor’s bid as nonconforming, and the town may reject the bid.
(c) No prime contractor whose bid is accepted in accordance with this section shall substitute any person as subcontractor in place of the subcontractor listed in the original bid, except for good cause shown and with the town’s consent. The town reserves the right to reject any and all subcontractors for justifiable cause with a substitute to be agreed upon by both parties.
(d) The town shall make available to persons present, a copy of the record of the bid tabulation at the public opening of the bids. Like information shall be provided to those not present at the opening when so requested in writing to the town.
(Ord. 001-3, passed 3-1-2001)